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Pledge

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

A species of bailment, wherein the general owner of personal property delivers it to another, to be held as security for some debt or engagement. Also, the thing delivered, the pawn (g. v.), is often called a pledge. Pledgee and pledgor, pledger or pledgeor, are the names of the parties respectively receiving and delivering any thing in pledge. Pledgee: the party to whom a thing is delivered in pledge. Pledgor, pledger, or pledgeor; the one making the bailment. Nearly the same remarks may be made on the orthography of this word as were made under mortgage (j. v.), as to the spelling of mortgagor or mortgageor. The vernacular dictionaries recommend pledgeor; but it is seldom seen in law-books, Bouvier, however, adopts it. Pledger is sometimes met; pledgor is, so far as our recollection extends, by far the most common in the books of the law. A pledge is a bailment of personal property, as a security for some debt or engagement. A delivery of the thing pledged is essential to the contract, and, until such delivery, the special property that the bailee is entitled to hold does not vest in him.

Brewster v. Hartley, 37 Col. 15.

A pledge is a deposit of personal effects, not to be taken back but in payment of a certain sum, by express stipulation to be a lien on it.

Doak v

Bank of the State, 6 Ired. L. 309.

Pledges to prosecute. In old English law, no person could prosecute a civil action without having, in the first stage of it, two or more persons as pledges of prosecution; and if judgment was given against the plaintiff, or he deserted his suit, both he and his pledges were liable to amercement to the king pro /also clanwre. In the course of time, however, these pledges were disused, and the names of fictitious persons substituted for them, — two ideal persons, John Doe and Richard Roe, having become the common pledges of every suitor; now, however, even these are not used in personal actions. And since the common-law procedure act, 1852, the use of such pledges has been discontinued even in the action of ejectment; and inasmuch as all the real actions were abolished by 3 & 4 Wm. IV. oh. 27, it would seem that the use of such pledges is now discontinued altogether. Mozley §■ W.

Flene administravit

He has fully administered. The' emphatic words of a plea by an executor or administrator, alleging that he has fully administered all the assets that have come to his hands. These words are often taken as the name of the plea. Flene administravit, praeter. He has fully administered, except. The emphatic words of a plea by an executor or administrator, alleging that he has fully administered all the assets that have come to his hands, except a certain amount, which is not sufficient to satisfy the plaintiff's demand.

Plane oomputavit

He has fully accounted. The emphatic words in a plea in an action of account-render, alleging that the defendant has fully accounted. These words are often used to designate the plea.